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<strong>CMS</strong>-1403-FC<br />

so as part of the CY 2009 final rule. Other commenters<br />

requested that, in any locality reconfiguration, we minimize<br />

the payment discrepancy between urban and rural areas to<br />

ensure continued access to care.<br />

Response: We would like to thank the public for the<br />

comments <strong>submitted</strong> on the options presented in the proposed<br />

rule and in the interim report posted on the <strong>CMS</strong> Web site.<br />

We will summarize all comments received in future<br />

rulemaking. As we have stated previously, we will provide<br />

extensive opportunities for public comment (for example,<br />

town hall meetings or open door forums, as well as a<br />

proposed rule) on any specific proposals for changes to the<br />

locality configuration before implementing any changes.<br />

C. Malpractice RVUs (PC/TC Issue)<br />

In the CY 1992 PFS final rule (56 FR 59527), we<br />

described in detail how malpractice (MP) RVUs are<br />

calculated for each physicians’ service and, when<br />

professional liability insurance (PLI) premium data are not<br />

available, how we crosswalk or assign RVUs to services.<br />

Following the initial calculation of resource-based MP<br />

RVUs, the MP RVUs are then subject to review by <strong>CMS</strong> at<br />

5-year intervals. Reviewing the MP RVUs every 5 years<br />

ensures that the MP relative values reflect any marketplace<br />

changes in the physician community’s ability to acquire<br />

PLI. However, there are codes that define certain<br />

85

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